Terrific Steel Pvt. Ltd vs. Land Acquisition Collector (West)

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL )NO.29784 OF 2012

TERRIFIC STEEL PVT.LTD. Petitioner(s)

VERSUS

LAND ACQUISITION COLLECTOR (WEST) & ANR. Respondent(s)

O R D E R

This matter relates to the apportionment of the compensation made under the Land Acquisition Act, 1894 ('Act' for short), which cannot be agitated upon in the writ petition for the reason that it is a question of fact and no law is involved.

In such a fact situation, the petitioner may either approach the Land Acquisition Collector to make a reference under Sections 18 and 31 of the Act or file a civil suit as held by this Court in Dr. G.H. Grant vs. The State of Bihar AIR 1966 SC 237.

In view of the above, we are not inclined to entertain the petition. The special leave petition is therefore dismissed with the liberty to the parties to avail the appropriate remedy available to them in law. In case the petitioner approaches the appropriate forum, no observation made by the High Court shall come in the way of the petitioner, as the writ petition filed before the High Court be treated as dismissed as withdrawn. We express no opinion on either of the legal/factual issues involved herein including the issue of limitation.

................................J.

(DR. B.S. CHAUHAN)

.................................J. (FAKKIR MOHAMED IBRAHIM KALIFULLA)

NEW DELHI APRIL 26, 2013

ITEM NO.47 COURT NO.6 SECTION XIV

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Civil) No(s).29784/2012

(From the judgement and order dated 08/05/2012 in WP No.4855/2011 of The HIGH COURT OF DELHI AT N. DELHI) TERRIFIC STEEL PVT.LTD. Petitioner(s) VERSUS LAND ACQUISITION COLLECTOR (WEST) & ANR. Respondent(s) (With appln(s) for c/delay in filing SLP and prayer for interim relief and office report) Date: 26/04/2013 This Petition was called on for hearing today. CORAM : HON'BLE DR. JUSTICE B.S. CHAUHAN HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA For Petitioner(s) Mr. Sanjay Jain,Adv. Ms. Aeshan Pracha,Adv. Mr. Vinay Arora,Adv. For Respondent(s) Mr. Mohan Jain,ASG Mr. Shadman Ali,Adv. Ms. Narmata Bhatia,Adv. Ms. Manmeet Kaur,Adv. Mr. D.S. Mahra,Adv. Mr. Shree Pal Singh ,Adv UPON hearing counsel the Court made the following O R D E R The special leave petition is dismissed, in terms of the signed order.

(O.P. Sharma) (M.S. Negi) Court Master Court Master (Signed order is placed on the file)